The Bismarck Tribune Newspaper, October 2, 1928, Page 7

| | | say * from many TUESDAY, OCTOBER 2, 1928 MOTT AIRPOR CEREMONY ON Southwestern North Dakota Celebrates Opening of First Plane Center, Mott, N. D. Oct, 2—(P)—Fit gts of the state were iw ;> Net scheduled to under way about 1:30 p. m. Although the air meet which will dedicate the-new local air field was start ‘cial until 1:30 p.m. Crowds of ‘were gathered at the po: » early morning, watching the fillers form stunts and take up Passen-|- any night, ai to be in the lineup when the race starts. The: race has been set over a 150 ‘milea course from Mott to Many of fliers and mec! to go over their machines before the race starts. Several other fliers’ contests are THE BISMARCK ‘TRIBUNE scheduled for later in the afternoon. | * The winner of a dead stick landing contest will be awarded $75, while the second and third among the three winners of a spot landing contest and an equal amount given to winner: of dresses, the field Baan Soe or uy pk ones hed- uled for Thu: ned et Supreme Court | George R. Fox, Jr., Plaintiff and Respondent x i wv Thomas H. Zox, et_al, Defendants Edith Schell, Grace Reed and Myrtle ta Defendants and Appel- 1. Sec. 8792-8796 of the Comp. Laws, permitting one entitled to a deed under the provisions of a con- tract for the sale of real estate, made with one now deceased, to petition the county court in a case where “the decedent if living might be compelled to make such convey- ance,” to make a decree authorizing id directing the administrator to execute such conveyance, does not confer equity jurisdiction upon the county court, 2. The procedure set forth in said ection does not provide for a suit * in equity for specific performance but merely a special proceeding in- cidental to the administration of the estate, to be utilized when the right of the petitioner is free from doubt. 3. Where a petition for such a conveyance is presented to the county court the court has jurisdic- tion to entertain the petition, pro- vide for a “full hearing and exam- ination of the facts and circum- stances of the claim,” and, if satis- fied the petitioner is entitled to a decree veyance to the petitioner; but if the “right of the petitioner to: have a specific performance of the contract is found to be doubtful, the court must dismiss the petition without} Pralndive oP the Henle ele the peti- tioner, who may roceed in the district court to endoce s formance thereof.” Ed. Schulenberg, as Receiver of the Moure, North Datote, s corpore- & CO) tion, and Respondent, 1. On an appeal from a entered on a verdict of a jury whe of érror are served N. D., attorneys for plaintiff and respondent. Matt Holvick, plaintiff and re- spondent, vs. John E. Black, Walter Troxel, Frank J. Black and the Fed- | Land Bank of St. Paul, Minn., a corporation, defendants and ap- pellants. 1, Where the owner of real estate gives a mortgage thereon and after- wards sells the land under an agree- ment to deed it free of all encum- brances and therea¥ter directly or indirectly authorizes his vendee, through the vendee’s agent, to pay the amount due on the mortgage and id sum is paid to a third party who is not the holder of the mortgage or of the note and has neither in hi: possession for collection, said ment does not discharge the obligs tion of the vendor and mortgagor. 2. A vendee of a portion of real estate upon which there is a valid mortgage, who buys the real estate after notice of claim of the holder of an unrecorded assignment of the mortgage inst said real estate, buys land subject to the claim of the holder of the assignment even though he known that the mortgagee of record has executed a release of the mortgage. 3. Where the vendee of real estate pays to a third person the amount due on a mortgage against the real estate without receiving the notes evidencing the debt he does so at his peril, and a release of said Thortgage ‘executed by the mort- gagee of record is not good against the claim of the holder of said mort- gage under a prior assignment from the mortgagee, even though the as- signment be not on récord. 4, Where the assignee of mort- gage on real estate fails to record his assignment and a third,party, in Teliance upon the record showing the mortgage to be in the naine of the assignor and a release of said mort- gage executed the assignor, mgkes a loan to the owner of said real estate in ignorance of an un- recorded assignment of said mort- . Goat-Getters | On -WONEY= Witt vol Pas “POR (AY RUNCH= 1 wAUENT 6 vey 1 MoRROW=- a gage, the mortgage given to this third party to secure the repayment of the loan is superior to the claim of the owner of the unrecorded as- signment of the mortgage. (Syllabus by the court.) Appeal from the district court of Ward county. Hon. G. H. Moell- ring, : * Modified and affirmed. Opinion of the court by Burr, J Ray 0. Miller, Minot, N. D., and Sullivan, Hanley & Sullivan, Man- dan, N. D., attorneys for defendant Federal Land Bank. 2 E. R. Sinkler and G. 0. Brekke, Minot, N. D., attorneys for appel- lants John E. Black, Walter Troxel and Frank J. Black. C. D. Aaker, Minot, N. D., attor- ney for plaintiff andjrespondent, _——— OLD PEOPLE INCREASING New York, Oct. 2—()—The time seems to be coming when one rout of 10 persons in the U. S. A. will be old, that is more than 65 years of age. Due to declining birth- rate, restricted immigration and im- provements in fighting disease, the roportion on old people in the popu- fation is changing constantly. This was pointed out to the New York academy of medicine by Dr, Louis I. Dublin, POLLY’S FRIEND BACK New York, Oct. 2.—()—Miss Margaret L. St. John, friend of: Miss Mary Josephine Lauder, ig back from Europe, having been unable to accept an invitation to a wedding in Italy. “It was pretty clear when Polly first met Gene that she liked him a great deal,” says Miss St. John. They’re sure to be happy and made excellent choices.’ FAIRBANKS ae CHAMBER- Los Angeles, Oct. 2.—(P)—Film- dom seems to fascinate British not- ables, Prince Georga was a recent visitor, The latest is Austen Cham- berlain, entertained by Doug Fair- banks et al. Bieee or eeieeners ees) Here, at Last, Is Our Undersea Ambulance ce A DIAMOND THRILL FATAL Houston, Oct. 2—(P)—R. K. Howell, refinery superintendent, was listening to Dixie Ball series returns over the radio, Came the roar of the crowd over a thrill! g play. Mr. Howell slumped from jano stool to the floor dead. SCRIMMAGE IN SECRET New York, Oct. 2.—(#)—Fans seeking, a look at Columbia’s 1928 eleven have to be on hand before scrimmage begins for that part of the workouts is for the team and coaches only. ‘ Weddings in Scotland’s famous Gretna Green during 1928 have ex- ceeded the annual record of the past mondred years. ADVERTISEMENT. EX-GOVERNOR : ENDORSES IT Hon, Clifford Walker, Twice Gover- nor of Georgia, Pays High Trib- ute to Sargon. Former Governor Clifford Walker of Georgia, twice honored with the highest office the people of his state could give him, is prominent among the thousands of well known..men and women throughout America who have publicly expressed their Karth’s ‘Gravity Pull to Be Studied from Submarine by Experts Washington, Oct. 2.—(4)—Prep- arations were complete today at the Washington navy yard for an under- sea expedition formed to study the secret of the earth’s gravity pull with an objective of revealing the BS CY Mn II sterious origin of earthquakes, 1 waves and volcanoes. ‘he expedition, headed by Dr. F. Vening Meinesz, a distinguished scientist, departs tomorrow d the submarine S-21 and the Ei boats 35 and 58 for the Nares Deep, north of Porto Rico, the deepest hole known in the western hemisphere, a depth of approximate- ly five mi The expedition also will seek to A. Dute fab determine “he contour of the earth Jon the Atlantic continental shelf jand will make studies over Sibsl Bartlett Deep in the Caribbean Sea. MIDDIES FOLLOW ELEVEN Annapolis, Md. Oct, 2.—( Every Saturday afternoon naval of- ficers in the seven seas will be muc! more interested in a form of aerial and land warfare than in navi Naval Rad’. stations are to b football ; cast Annapolis ! bee | teat showed the Bee? in-the Gulf of Mexico and the | fect. Sacramento, “he Best World Senrien Re Sh i aa “he Osnociated HON. CLIFFORD WALKER Former Governor of Georgia. gratitude for benefits they have ob- from the use of Sargon, the new scientific formula which has been accorded such enthusiastic wherever it has been intro- tribute to this this distin- stalwart in physical strength, it has been my custom for several years to recoup my physical luced. In his volun’ confinement in my office and rather sedentary habits of life my physical I decided ir chest "Peles at Re recent years, I have been compelled to re- ¢ mtin to laxatives oo Be LE HE l 7 a F 'CHARLES_W_DUNKLEY Bisma Bismarck, N. Dak. (ol 0-e TeTe! ame foxes ome ieKeio_0 {ee exe [o— 0, ome “02 Name 1 2x0 x3: Postoffice Address ‘eteteEeoreten Wik D HE zip of the first ball, die snap as it shoots into the mitt, or its Prsor wm crack against a hard swung bat! Another World Series is under way! You will want every detail and to meet this demand The Associated Press has assigned its best sports writers to cover the games. In accurate, complete and colorful accounts, they will tell of every ball thrown, every play, the “inside stuff” from the players’ bench and clubhouse — every thrilling baseball's annual classic. happening in Alan J. Gould, general sports editor, will’ write the lead stories. Carl S. Brandebury, who has reported the championship games for more than twenty years, will dictate the play-by-play report. Brian Bell will analyze the games and de- scribe human interest developments from the viewpoint of an experienced observer. The statistical stories will be written by Wiliam J. Chipman, while the reactions of the players will be described by Edward J. Neil and Charles W. Dunkley. All these experts will contribute many stories in ad- vance of the Series, Follow The World Series Send for a Trial Subscription Fill out and mail the blank below enclosing $1.25 for three months’ subscription to The Bismarck Daily Trib- _une in North Dakota or $1.50 if residing outside the state. By carrier in Bismarck $1.80. SUBSCRIPTION BLANK The Bismarck Tribune, | Bismarck, N. D. Enclosed find...a«...for which send me the Daily Tribune for 10.0.0 @fele_o. FLZASR WRITR PLAUILY TO AVOID NISTAKES Cut out the coupon—fill in and mail to OTT rck, Trib \GDWARD J. 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